Article 15 & Transfer Across Borders - A Guide for Family Lawyers

Course Outline

Introduction

This webinar is a must for any child care practitioner involved in proceedings concerning an international transfer to another member state under Article 15 of the Brussels IIa Regulation.

The webinar will provide an overview of the most common problems arising from international transfers, including predominately outgoing but also incoming requests. It will also explore the procedural and regulatory avenues for dealing with such requests before the family courts in England and Wales. Post-Brexit implications and practical tips for practitioners are also considered.

What You Will Learn

This webinar will cover the following:

Jurisdiction and Habitual Residence

The general rule on jurisdiction under Brussels IIa

What is habitual residence and how is it established

Making orders where a child’s habitual residence cannot be established

Taking provisional measures in urgent cases where another member state has jurisdiction

Applications under Article 15 Brussels IIa

Who can bring an application

When are ‘accepting’ parties to a transfer request required

The three stage test for transfer and how specific the evaluation is rendered by virtue of Bristol City Council v AA & HA

Whether the court can enter into a comparison of competence, diligence, resources or efficacy of the child protection services or courts of another member state - Re K (C A Child)

Is the test for the best interests of the child under Article 15 attenuated - Re N (Children) (Adoption: Jurisdiction) (AIRE Centre and others intervening)